Opinion
June 20, 1994
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the order is affirmed, with costs.
Since the intent of the parties, as evidenced by the language of the separation agreement and the original judgment itself, was that any judgment of divorce would incorporate the provisions of the separation agreement, the court properly amended the judgment so as to reflect this intent (see, Merrick v. Merrick, 181 A.D.2d 503; Roll v. Roll, 143 A.D.2d 651).
The defendant's remaining contention is without merit (see, Nordhauser v. Nordhauser, 130 A.D.2d 561, 562; see also, Scheinkman, Supp Practice Commentaries, McKinney's Cons Laws of N Y, Book 14, Domestic Relations Law § 244, 1994 Dom. Rel. Pocket Part, at 322-323). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.